Stacey A. Cischke: Representative Cases
- Obtained a defense verdict in favor of our health care clients from a Cook County jury in a medical malpractice dispute. In this case, the plaintiff sought between $3-4 million in damages over an alleged failure to diagnose scoliosis in an adolescent, resulting in surgery. Plaintiff claimed that two pediatric specialists, among others, failed to either appreciate signs of scoliosis and/or failed to do appropriate examinations to look for scoliosis over the course of four years. Plaintiff’s counsel brought numerous medical experts in to testify in support of their claims. The defense countered with experts from top pediatric hospitals as well as a surgeon specializing in scoliosis. After a two-week trial, the jury deliberated for six hours before rendering their verdict absolving all five defendants. Johnson & Bell represented three of the five defendants in this case, including the hospital and two of its professional staff. (2019)
- Obtained a defense verdict in favor of our client, a dermatologist, from a Cook County jury in a medical negligence case. In this case, the plaintiff sought $3.6 million in compensatory damages over an alleged failure by the dermatologist to obtain informed consent from plaintiff prior to injecting her with Botox®. Plaintiff claimed that, as a result of the alleged negligence, she suffered and continues to suffer from a variety of injuries, including chronic headaches, facial pain, paresthesia, hair loss, hoarseness and muscle spasms. The defense countered with expert testimony from a dermatologist and two neurologists that there was no violation of the standard of care with respect to how the informed consent was obtained. In addition, defense argued that plaintiff’s injuries were more in line with a somatization disorder or fibromyalgia. After deliberating for less than three hours, the jury returned its verdict for the defense. Prior to verdict, the parties entered into a high-low agreement. As a result of the defense verdict and the high-low agreement, the matter is now resolved with no opportunity for appeal. (2019)
- Obtained a defense verdict in March 2018 for an OB/Gyne alleged to failed to follow up on a negative mammogram. The plaintiff, a 45 year-old woman, was subsequently diagnosed with triple negative breast cancer and passed away approximately one year after diagnosis. The plaintiff’s attorney showed multiple day-in- the life videos during trial to demonstrate her course until death. The estate asked for $14 million. The jury returned a verdict in favor of the defendant.
- Obtained a favorable verdict in a Cook County medical malpractice case on October 16, 2015. Plaintiff requested a range of $2.434-2.934 million due to avascular necrosis of the knees and hips that he allegedly sustained due to the antiemetic treatment that accompanied his chemotherapy treatment. Plaintiff alleged that the defendant oncologist failed to adequately advise him of treatment options following his diagnosis of testicular cancer, leading to relapse of his cancer and necessitating treatment with chemotherapy and steroids for antiemetic therapy. These allegations were denied. The jury returned a favorable verdict for the defendants.
- Obtained a defense verdict in July 2015 for obstetrician in a fetal -demise case. Plaintiff alleged that the obstetrician failed to properly monitor reports of decreased fetal movement, resulting in an acute hypoxic brain injury and eventually, a fetal demise. The infant lived for four days on maximum support before passing. The plaintiff asked for $5 million.
- Represented the defendant dialysis center in this premises liability action. The case alleged that the plaintiff patient suffered a broken ankle when a dialysis technician became tangled in a blanket while providing treatment and fell on her leg. The defense contended that the incident never occurred and that the plaintiff could not prove that her ankle fracture actually occurred on the date in question. The defense also challenged the requested damages as there was evidence of non-compliance with follow up care, resulting in prolonged pain, etc. The jury found for the defense with a not guilty verdict.